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New York Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is Sunday included as part of a "Friday through Sunday" parenting time schedule?

The schedule reads as follow:

Week 1 - Monday, Thursday, Friday through Sunday

Week 2 - Monday, Tuesday, Thursday

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 16, 2024

The child(ren) would need to be returned to the custodial parent on Sunday. If there is no time indicated, then it would normally be a reasonable time based on age.

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: How do I get my child returned to me from nys foster care?

I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More

2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2024

Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.

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0 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Unsupervised visitation with someone who verbalized a hearing impairment and has had very limited contact with child ?

My son's father is not on child support and left NY in 2021, permanently, for a truck driving job across the country. He has requested visits randomly and has been allowed to see his son at my home, in the part, or play areas as well as sporadic phone calls. There is not a custody order but I... View More

3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of...
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1 Answer | Asked in Family Law for New York on
Q: My son’s father lives out of state. We have a parenting contract as he suddenly decided to move.

He is supposed to go to see him out of state 12/19-12/29 but is refusing to give me flight information. If I do not receive it can I deny him the right to take him? He does not pay child support bc he is going off the divorce agreement when he lived in NYS.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

We do not know and are not told if the "parenting contract" is ordered by the family court or is an informal contract entered into by the parents. If the contract is ordered by a judge in a family court, then the parties must adhere to its requirements or face sanctions. The visiting... View More

0 Answers | Asked in Family Law and Adoption for New York on
Q: What happens in an adult adoption before the hearing one of the prospective adoptive parts dies? This for California.

What happens in an adult adoption before the hearing one of the prospective adoptive parents dies? This for California.

2 Answers | Asked in Family Law and Legal Malpractice for New York on
Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac

My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More

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0 Answers | Asked in Family Law and Probate for New York on
Q: My husband died recently. I have a revocable living trust.

Can a probate attorney handle the court filing without me present? I am elderly and not well. House bound at this time.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: If my daughter’s Mother take her away from me and cuts communication to me what can I do?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 21, 2024

You need to file a petition in Family Court. If there is already a custody order you could file a violation. If there is no order in place you can file for one now. Talk to an attorney.

1 Answer | Asked in Family Law for New York on
Q: How do I file a petition to dismiss a case in Nassau County, NY Family Court?

My ex-husband just filed a petition in Nassau County NY Family Court to re-evaluate child support. Our divorce was finalized in Delaware County a year ago and the Delaware County Judge retains jurisdiction. Also, our mediated divorce agreement states that any court filings will be immediately... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

One does not file a petition to dismiss but rather one files a motion to dismiss. This motion requires particularized legal skill that a lawyer has. The asker must retain counsel.

A crucial factor mostly out of the minds of all Americans is that no one has any rights unless the person...
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3 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for New York on
Q: Subject Matter Jurisdiction is exclusive to SupremeCourt/(IDV part)order(orig)? Does Fam Court have competence to modify

Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More

Charles Holster
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Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

No.

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2 Answers | Asked in Civil Litigation, Family Law and Appeals / Appellate Law for New York on
Q: If there are missing documents & discrepancies w/“record” file sent from Family Court; what is the remedy to rectify?

(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More

Charles Holster
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Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

You would have to make a motion in the Family Court to have the Judge "settle" the record to include what you think is missing.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have 50/50 custody and full decision making and full residential for the kids. What things can I say no to

What am I allowed to say no to with out getting in trouble. Do I have to let other parent talk to the children during the week. I let the other parent see children just not when ever the other parent would like. Due to having other plans and children wanting to see other family, is that okay?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

We frequently get these questions that involve the "construction" of family court orders. The word "construction" means to construe, to analyze an order. We cannot construe this asker's order because we do not see it in its entirety. However, we can take a stab at the... View More

1 Answer | Asked in Family Law for New York on
Q: I broke up with my boyfriend. He won’t move out of the apartment we’ve been sharing for 6 years. How to I get him out?

He says I have no legal right to kick him out. His name is on the electric and internet bill as that was what agreed on when we moved in. We don’t have a lease with the landlord, we pay month to month. She doesn’t want me to leave but I can’t live with him anymore. He also cannot afford the... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

This question belongs on a bar examination because there is no solution in the real world.

First and foremost, there is no such thing as longevity-equity in housing. Tenants and owners are here today and gone tomorrow. Housing is as provisional and fleeting as are interpersonal...
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1 Answer | Asked in Elder Law, Family Law, Child Custody and Child Support for New York on
Q: How do attorneys specializing in family law find and retain the services of Spanish interpreters?

Asking as a NY Court certified Spanish interpreter available for 722-C assignment.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More

1 Answer | Asked in Family Law for New York on
Q: I won my child support case, my ex was given 30 days to appeal but she didn’t. Now 7 months later she’s trying to, help?

I lost my job and filed a petition to change my support order until I got a new job. The judge ruled in my favor because my ex didn’t show up to court. He ruled I don’t owe back child support. She had 30 days to appeal the decision but didn’t. 7 months later she filed a support summons in a... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

The asker describes what typically happens when individual litigants attempt to do legal representation without an attorney. The labyrinthine process makes no sense even to experienced attorneys. Let us unpack what the procedure was the asker is describing.

The loss of a job is no basis for...
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1 Answer | Asked in Family Law for New York on
Q: My husband of 50 years is very ill. Our daughter is trying to rub her older brother out of our will. Land is involved.

She somehow got her father to agree to new bequests giving her children everything, which she will benefit from as children are 9 and 15. My husband has not been able to talk much, so I don't know how she did this. She says she recorded it on her phone and his scratch of a signature is... View More

Jack Mevorach
Jack Mevorach
answered on Sep 30, 2024

Your husband should be represented by counsel.

Jack

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